Can Someone Sue You for a Car Accident?

In short

Yes, someone can sue you for a car accident, even if you have insurance. You're the person named in the lawsuit. In Michigan, your insurer can't be made a defendant in the injured person's lawsuit (MCL 500.3030).
If you're served in Michigan, you generally have 21 days to answer, or 28 if you were served by mail or outside the state. If you don't answer, the court can enter a default and then a judgment against you (MCR 2.108(A), 2.603; form MC 01).
Your insurer generally must defend you if the claim even arguably falls within your coverage, even if it's groundless (American Bumper, 1996, an insurance case that wasn't about a crash). Send it the papers right away: late notice of a lawsuit can cost you coverage (Koski v Allstate, 1998, a homeowner's policy case).
Your insurer pays a settlement or judgment up to your policy limit. If it's more, you have to pay the difference (NAIC).
If your vehicle was insured, Michigan's no-fault law limits what you can be sued for: pain and suffering only for death, serious impairment or permanent serious disfigurement, economic losses above PIP's limits, and up to $3,000 in vehicle damage insurance didn't cover. Most lawsuits must be filed within three years (MCL 500.3135, 600.5805(2)).

If a letter about a crash just landed in your mailbox, or you’re afraid one will, that knot in your stomach is normal. Here’s the plain answer: yes, someone can sue you for a car accident, even if you have insurance and even if you don’t think it was your fault. But a letter isn’t a lawsuit. If you’re insured, your insurer generally must provide a lawyer and pay any settlement or judgment up to your limit (NAIC). What you can’t do is ignore court papers.

Michigan’s rules are in the boxes marked “In Michigan,” and they reflect the law as of November 2026.

Hurt in the same crash? You may have an injury claim of your own. Get a free case review. Four quick questions, no cost, no obligation. It covers your injury claim, not your defense.

Can someone sue you for a car accident?

Yes. Anyone can file a lawsuit, but filing isn’t winning, and being sued doesn’t mean you owe anything. Insurance decides who pays, not who gets sued. What can be claimed depends on your state: no-fault states limit crash lawsuits, and others don’t.

In Michigan: If your vehicle had the required insurance, no-fault law abolishes tort liability for a crash in Michigan, with these exceptions (MCL 500.3135(3)). A tort is a wrong you can be sued over.

Pain and suffering, only if the person died or has a serious impairment of body function or permanent serious disfigurement, and not if they were more than 50% at fault (MCL 500.3135(1), (2)(b)).
Medical bills and lost income above PIP's limits. PIP is the person's own no-fault coverage (MCL 500.3135(3)(c)).
Vehicle damage, up to $3,000 for crashes after July 1, 2020, only to the extent insurance didn't cover it, and not if they were more than 50% at fault. This is the mini-tort (MCL 500.3135(3)(e), (4)(a)).
Intentional harm (MCL 500.3135(3)(a)).
Economic loss for a nonresident, if the injury meets the same threshold (MCL 500.3135(3)(d)).

Your insurer can't be made a defendant in the injured person's lawsuit (MCL 500.3030). If someone else was driving your car, you can be sued too: an owner is liable for negligent driving done with the owner's knowledge or consent, which is presumed for immediate family (MCL 257.401(1)).

What if you were only partly at fault?

In Michigan, the court reduces the injured person’s damages by their share of the fault, and if they’re more at fault than everyone else combined, they get no pain and suffering (MCL 600.2959). You generally pay only your own share (MCL 600.6304(4)). See how Michigan’s comparative fault rule works.

I got a letter. Am I being sued?

Probably not yet. A lawsuit starts when a complaint is filed with a court (in Michigan, MCR 2.101(B)). Here’s how to tell, under Michigan’s rules:

What you received	What it means	What to do
A letter from a lawyer or an adjuster	A claim, not a lawsuit, so no deadline to answer has started	Send it to your insurer today. Don’t reply on your own
A letter asking you to pay a deductible or repair bill	Often a mini-tort demand, capped at $3,000	Check the mini-tort rules, and send it to your insurer
A summons and complaint	A lawsuit. The summons states your deadline (MCR 2.102(B))	Note the date you got it, and send it to your insurer today
A small claims notice	A lawsuit. If you don’t appear, a judgment can be entered against you (MCL 600.8404(1)(c))	Note the hearing date, and send it to your insurer
A notice of default	The court has recorded that you didn’t respond in time (MCR 2.603(A))	Call your insurer and a lawyer today

Not sure a paper is real? Call the court it names. The claims process is the real hurdle here: the other side does this every day, and you may do it once. Your job is smaller than it feels: pass the papers on quickly and track the dates.

The liability coverage Michigan requires doesn’t have to cover the mini-tort (MCL 500.3135(4)(b)), so you may owe it yourself. Ask your insurer whether your policy covers it. Lawyers can’t take part in small claims, though before trial either side can move the case to the regular civil division (MCL 600.8408(1), (4)).

What happens if you get sued after a car accident?

First, you’re formally given the papers, which is called service. In Michigan, that’s usually by hand or by registered or certified mail you sign for (MCR 2.105(A)). Avoiding it isn’t a plan: a judge can allow another method (MCR 2.105(J)).

Then you must respond by your deadline, usually by filing a written answer with the court and sending a copy to the other side (form MC 01). Deadlines vary by state, so read your summons. See how a case unfolds.

Does your insurance company defend you?

Usually, yes. The National Association of Insurance Commissioners (NAIC), the state insurance regulators’ organization, says your company has “a duty to provide a lawyer to represent you,” with no policy limit on what it must pay that lawyer. Although the insurer pays, “the lawyer’s ethical duty is to represent your best interests.” The company may refuse to defend you if you’re accused of intentionally hurting someone or damaging property.

In Michigan:

The duty is broad. The Michigan Supreme Court has said that if the allegations even arguably come within a policy's coverage, the insurer must defend, even if they're groundless or frivolous, and doubts go in the policyholder's favor. That case, American Bumper & Manufacturing Co v Hartford Fire Insurance Co (1996), was about a business's coverage for an EPA claim, not a crash, and your policy's wording still matters.
Late notice can cost you coverage. In Koski v Allstate Insurance Co (1998), a homeowner's policy case, Allstate had denied a man's claim under an exclusion. He was later sued and didn't tell Allstate or defend the suit, and it heard only three months after a default judgment. An insurer must show actual harm from late notice. The court found it here: Allstate had lost its chance to defend, so it owed no coverage.
Telling your agent counts. Liability policies must treat notice to an authorized Michigan agent, with enough detail to identify you, as notice to the insurer (MCL 500.3008).
A "reservation of rights" letter means the insurer is defending you while keeping its right to contest coverage. It must give you reasonable notice of that (Kirschner v Process Design Associates, 1999, a workplace equipment case). Show that letter to a lawyer of your own.

As practical advice, don’t assume your insurer knows, even if you reported the crash. Send the papers, ask in writing who is filing your answer and by what date, and keep the reply. If your insurer refuses to defend you, get a lawyer’s advice before the deadline passes. You can also complain to your state insurance department (NAIC).

Also hurt, even if you're the one being blamed? Get a free case review of your own injury claim. Four quick questions, no cost, no obligation. For the lawsuit against you, start with your insurer.

What if the damages are more than your policy limits?

Your insurer pays up to your limit, and “if the court judgment or settlement is more than your policy limits, you will have to pay the difference” (NAIC). If a claim could exceed your limit, these practical steps can help:

Tell any other insurer that may cover you, such as an umbrella policy.
Ask your insurer in writing to settle within your limit if the other side makes that offer, and to tell you about every offer.
Talk to a lawyer of your own about the part your insurer won’t pay.

What can happen to you if a judgment goes unpaid?

The other side can try to collect, within limits. Federal law generally caps wage garnishment at 25% of your weekly disposable earnings, or less for low earners (15 U.S.C. § 1673(a)).

What if you don’t have insurance?

You can still be sued, and no insurer provides a lawyer or pays for you. You must respond on time, yourself or through a lawyer you hire. Not every injury lawyer defends crash lawsuits, so ask up front. In Michigan, Michigan Legal Help’s guide can point you to legal help resources.

How long do they have to sue you?

Every state sets a deadline, called a statute of limitations. See our state-by-state list.

What shouldn’t you do?

Don’t ignore court papers, even if you think the claim is wrong. In Michigan, the clerk must enter a default once your failure to respond is known or verified, and you can’t take part until it’s set aside (MCR 2.603(A)). If you were served by hand, a motion to set aside generally must be filed before a default judgment or within 21 days after it, and you’d need good cause and a verified statement of facts showing a real defense (MCR 2.603(D)). After that, only the narrower relief-from-judgment rule applies (MCR 2.612).

The rest is practical advice, not a legal rule:

Don’t discuss fault with the other side’s adjuster or lawyer. Refer them to your insurer. See what to hold back with adjusters.
Don’t promise or pay anything until you’ve read your policy’s duties section and spoken with your insurer.
Don’t post about the crash, and keep your photos and records.

What to do next

Write down the date you got the papers and count your deadline.
Send everything to your insurer today, in writing, and keep proof.
Confirm in writing who is filing your answer, before the deadline.
Check your limits. If the claim could exceed them, or you have no insurance, talk to a lawyer who defends these cases now.
If you were hurt too, protect your own claim. PIP is due without regard to fault, and in Michigan you should give the insurer written notice within one year (MCL 500.3105(2), 500.3145(1)). Get a free case review of your injury claim, or compare Michigan injury lawyers near you, and get any fee agreement in writing.

What waiting can cost

Your chance to contest it. A default judgment can be entered without your side being heard (MCR 2.603).
Your coverage. Not forwarding a lawsuit in time cost one Michigan policyholder his coverage for a default judgment (Koski).

What a good outcome looks like

The papers reach your insurer on time, a lawyer answers before the deadline, and your defenses are on the record. From dreading the mailbox to knowing what you received, who’s defending you and what your deadline is.

For more, see your car accident claim, from fault to deadlines, how Michigan car accident claims work and all our car, truck and motorcycle accident guides.

Frequently asked questions

Can someone sue you for a car accident if you have insurance?

Yes. Having insurance doesn't stop a lawsuit, and you, not your insurer, are the person sued. In Michigan, the insurer can't be made a defendant in the injured person's lawsuit (MCL 500.3030). Your liability coverage is what responds: your insurer has a duty to provide a lawyer and pays a settlement or judgment up to your limit (NAIC). Send it any summons or notice of a lawsuit right away.

Can someone sue you for a car accident in Michigan?

Yes, but if your vehicle was insured, no-fault law limits the claim. Michigan keeps these claims: pain and suffering if the person died or has a serious impairment of body function or permanent serious disfigurement; medical bills and lost income above PIP's limits; up to $3,000 in vehicle damage insurance didn't cover; and intentional harm (MCL 500.3135(1), (3)). Nonresidents have a further claim for economic loss if the injury meets that same threshold (MCL 500.3135(3)(d)).

What happens if you ignore a car accident lawsuit?

The clerk can enter a default, and a default judgment can follow. In Michigan, the summons warns that a judgment may be entered for what the complaint demands (MCR 2.102(B)(11), 2.603). If your insurer doesn't learn of the suit in time, you can also lose coverage: in Koski v Allstate (1998), a homeowner's policy case, an insurer first told of a lawsuit three months after a default judgment was released from paying it.

How long does someone have to sue you after a car accident in Michigan?

Generally three years from the crash (MCL 600.5805(2)). You may not hear about it until later, because the person has to file by the deadline but then has 91 days to serve you, or up to a year if a judge orders a second summons (MCR 2.102(D); MCL 600.5856(a)). Minors can have extra time (MCL 600.5851(1)), and there are other exceptions.

What if a car accident judgment is more than my insurance?

You have to pay the difference (NAIC). As a practical step, ask your insurer in writing to settle within your limit if there's an offer, and talk to a lawyer of your own. In Michigan, an insurer that refuses in bad faith to settle within the limit can be liable to you for the excess (City of Wakefield v Globe Indemnity Co, 1929; Commercial Union, 1986).

What happens if I get sued after a car accident and don't have insurance?

No insurer provides a lawyer or pays for you, so you must answer on time and pay any judgment yourself. In Michigan, no-fault's limits on lawsuits protect only vehicles that had the required insurance, so you can be sued for more, such as the car's full damage (MCL 500.3135(3)). An unpaid crash judgment can also lead to a suspended license and registration (MCL 257.511 to 257.513).

Sources

MCL 500.3135, Tort liability for noneconomic loss; exceptions; the mini-tort · Michigan Legislature
MCL 500.3030, Insurer not to be made a party defendant · Michigan Legislature
MCL 500.3008, Liability policies: notice to an agent; late notice · Michigan Legislature
MCL 500.3009, Minimum limits for auto liability insurance · Michigan Legislature
MCL 500.3105, PIP benefits payable without regard to fault · Michigan Legislature
MCL 500.3145, Limitations on actions for PIP benefits; notice of injury · Michigan Legislature
MCL 600.5805, Period of limitations for injuries to persons or property · Michigan Legislature
MCL 600.5851, Minors and people legally insane when a claim accrues · Michigan Legislature
MCL 600.5856, Tolling of the statute of limitations · Michigan Legislature
MCL 600.2959, Comparative fault; reduced damages · Michigan Legislature
MCL 600.6304, Allocation of fault; several liability · Michigan Legislature
MCL 600.6023, Property exempt from levy and sale · Michigan Legislature
MCL 600.8404, Small claims: notice to appear; failure to appear · Michigan Legislature
MCL 600.8408, Small claims: representation; removal · Michigan Legislature
MCL 257.401, Owner's liability for a vehicle driven with consent · Michigan Legislature
MCL 257.511, Unpaid judgments reported to the Secretary of State · Michigan Legislature
MCL 257.512, License and registration suspended for an unpaid judgment · Michigan Legislature
MCL 257.513, Suspension lasts until the judgment is satisfied · Michigan Legislature
Michigan Court Rules (updated September 2, 2026): MCR 2.101, 2.102, 2.105, 2.108, 2.603, 2.612, 2.614 and 3.101 · Michigan Supreme Court
Summons (form MC 01): notice to the defendant · Michigan State Court Administrative Office
American Bumper & Manufacturing Co v Hartford Fire Insurance Co, 452 Mich 440 (1996) · Michigan Supreme Court, via the Caselaw Access Project (Harvard Law School)
Koski v Allstate Insurance Co, 456 Mich 439 (1998) · Michigan Supreme Court, via the Caselaw Access Project (Harvard Law School)
Kirschner v Process Design Associates, Inc, 459 Mich 587 (1999) · Michigan Supreme Court, via the Caselaw Access Project (Harvard Law School)
City of Wakefield v Globe Indemnity Co, 246 Mich 645 (1929) · Michigan Supreme Court, via the Caselaw Access Project (Harvard Law School)
Commercial Union Ins Co v Liberty Mutual Ins Co, 426 Mich 127 (1986) · Michigan Supreme Court, via the Caselaw Access Project (Harvard Law School)
Auto Insurance (consumer page: "I've been sued by the other driver") · National Association of Insurance Commissioners
15 U.S.C. § 1673, Restriction on garnishment · Legal Information Institute, Cornell Law School
Guide to Legal Help · Michigan Legal Help
Bonter v Progressive Marathon Insurance Co, No. 166182, order (Mich, July 2, 2025) · Michigan Supreme Court
Progressive Marathon Insurance Co v Pena, No. 165577, order (Mich, September 19, 2025) · Michigan Supreme Court

Updated November 4, 2026

This guide is general information, not legal advice, and laws change. For advice about your situation, talk to a lawyer licensed in your state. Reading this page or contacting us does not create an attorney-client relationship.

Can Someone Sue You for a Car Accident? What Happens If You're Sued